37 CFR § 1.770 — Express withdrawal of application for extension (MPEP Index) – BlueIron IP
37 CFR § 1.770 Express withdrawal of application for extension
This page consolidates MPEP guidance interpreting 37 CFR § 1.770, including 5 rules from the Manual of Patent Examining Procedure. It is provided as guidance, with links to the ground truth sources. This is information only, it is not legal advice.
Summary
This section outlines the process for withdrawing an application for extending patent term before a final decision, highlighting the importance of timely filing and adherence to fee requirements.
What this section covers
- Defines the process of withdrawing an application for extension of patent term before a determination is made by filing a written declaration signed by the owner.
Key obligations
- File a written declaration of withdrawal signed by the owner before a determination is made.
- Ensure timely filing to avoid being unable to withdraw after the reply date for final determination.
- Adhere to fee requirements, as a withdrawal does not entitle refund of the filing fee.
Practice notes
- Ensure the declaration is properly signed and includes all necessary information.
- Avoid delays in filing to ensure the withdrawal is effective before a determination is made.
Official MPEP § 1.770 — Express withdrawal of application for extension
Source: USPTOLast Modified: 10/30/2024 08:50:22
1.770 Express withdrawal of application for extension of patent term.
An application for extension of patent term may be expressly withdrawn before a determination is made pursuant to § 1.750 by filing in the Office a written declaration of withdrawal signed by the owner of record of the patent or its agent. An application may not be expressly withdrawn after the date permitted for reply to the final determination on the application. An express withdrawal pursuant to this section is effective when acknowledged in writing by the Office. The filing of an express withdrawal pursuant to this section and its acceptance by the Office does not entitle applicant to a refund of the filing fee (§ 1.20(j) ) or any portion thereof.
[Added 52 FR 9397, Mar. 24 1987, effective May 26, 1987; 56 FR 65142, Dec. 13, 1991, effective Dec. 16, 1991; revised, 62 FR 53132, Oct. 10, 1997, effective Dec. 1, 1997; revised 88 FR 13028, Mar. 2, 2023, effective May 1, 2023]
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| MPEP Section | Rules |
|---|---|
| MPEP § 2764 |